Himachal Pradesh Court September 1950 Judgments

Dhan Singh Vs. Madan Singh

Court: Himachal Pradesh

Reported in: AIR1951HP22

Chowdhry, J.1. This is a defendant's second appeal arising out of a suit for big ejectment from a double storeyed house situate in Mauza Cheli, pargana Chabrogti, tehsil Kasumpti District Mahasu, and for recovery of Rs. 60 (rupees sixty) as one year's arrears of rent at Rs. 5 per mensem.2. The plaintiff-respondent filed this suit purely as a suit based on a contract of tenancy. The defendant-appellant not only denied the tenancy but also contended that he, and not the plaintiff, was the owner of the house. The trial Court, the first class Subordinate Judge of Kasumpti, held that the alleged tenancy was not proved, but he decreed the suit for possession on the finding that the plaintiff was the owner of the bouse. It also gave the plaintiff a decree for Rs. 24 (rupees twenty-four) as damages for me and occupation of the house for one year. The defendant went up in appeal to the District Judge of Mahasu, and that Court, concurring with the finding of the trial Court as regards plaintiff'...